If you read my last two blog posts about spousal maintenance, you hopefully
have a better understanding of why this issue is one of the most litigated
issues in family law.
Once the Court establishes that a spouse is eligible to receive spousal
maintenance, the Court then considers thirteen factors to determine how
much spousal maintenance will be paid each month and how long it will
be paid (months, years…).
It is the Court’s job to balance these 13 factors to determine an
appropriate award that the receiving spouse can live on and the paying
spouse can afford.
My last blog post listed the first seven factors.
This blog sets forth the remaining six, as outlined below.
(8) The ability of both parties after the dissolution to contribute to
the future educational costs of their mutual children.
(9) The financial resources of the party seeking maintenance, including
marital property apportioned to that spouse, and that spouse’s ability
to meet that spouse’s own needs independently.
(10) The time necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment and
whether such education or training is readily available.
(11) Excessive or abnormal expenditures, destruction, concealment or fraudulent
disposition of community, joint tenancy and other property held in common.
(12) The cost for the spouse who is seeking maintenance to obtain health
insurance and the reduction in the cost of health insurance for the spouse
from whom maintenance is sought if the spouse from whom the maintenance
is sought is able to convert family health insurance to employee health
insurance after the marriage is dissolved.
(13) All actual damages and judgments from conduct that results in criminal
conviction of either spouse in which the other spouse or child was the victim.
If you are considering a divorce and you are seeking a spousal maintenance
award or are being asked to pay a spousal maintenance award you should call
OWENS & PERKINS at480.994.8824 to schedule your free 30 minute consultation with one of our experienced